Transdata v. Alabama Power Company

8/3/2019 Transdata v. Alabama Power Company

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IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMARECEIVED

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TRANS DATA, INC.,

Plain tfJ

V.

ALABAMA POWER COMPANY,

Defendant.

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JURY TRIAL DEMANDED

PLAINTIFF TRANSDATA, INC.'S

COMPLAINT FOR PATENT INFRINGEMENT

Plaintiff TransData, Inc., for its complaint against Defendant Alabama Power Company,

hereby demands a jury trial and alleges as follows:

THE PARTIES

1.Plaintiff TransData, Inc. ("TransData") is a Texas corporation having a place of

busincss at 2560 Tarpley Road, Carrollton, Texas 75006.

2. TransData was founded in 1969, and has been involved in the design and

manufacture of power and energy metering products for over 40 years. Specifically, TransData

has been active in the design and manufacture of digital solid-state electric meters since

approximately 1979 and has brought six generations of solid-state electric meters to market.

TransData had its headquarters in Tyler, Texas from 1987 to 1990, and has occupied its current

suburban-Dallas location since 1990.

3. TransData has provided electric meters and related products and services to over

500 electric utilities and power producers in more than 25 countries worldwide, including all of

the 50 largest electric utility companies in the United States.

TRANSDATA, INC.'S COMPLAINTAGE 1

FOR PATENT INFRINGEMENT



4.pon information and belief, Defendant Alabama Power Company ("Alabama

Power"), is an Alabama Corporation having a place of business at 600 North 18th St.,

Birmingham, Alabama 35203.

JURISDICTION

5. This is an action for patent infringement arising under the Patent Laws of the

United States, 35 U.S.C. §' 1 et seq. This Court has original and exclusive subject matter

jurisdiction over the patent infringement claims pursuant to 28 U.S.C. §' 1331 and 1338.

6. This Court has personal jurisdiction over Alabama Power because Alabama

Power has established contacts with the forum—including by voluntarily conducting business

and soliciting customers in the State of Alabama— and the exercise of jurisdiction over Alabama

Power would not offend the traditional notions of fair play and substantial justice. Alabama

Power is an Alabam a Corporation and has extensive business operations in Alabama.

VENUE

7. Venue is proper in this judicial district under 28 U.S.C. §' 1391 and/or 1400

because the D efendant is subject to personal jurisdiction in the Middle District of Alabama.

8. Venue is proper in this judicial district as to Alabama Power because Alabama

Power is doing business in the Middle District of Alabama, and also because it is currently using

infringing electric meters (including but not limited to Sensus iCon electric meters) within the

Middle District of Alabama.

RELATED CASES

9. The following actions asserting the same patents-in-suit are pending in the U.S.

District Court for the Eastern District of Texas (Tyler Division): TransData, inc. v. CenterPoint

Energy Houston Electric, LLC et a!., 6: 10-cv-557-LED-JDL; TransData, Inc. v. Tn-County

Electric Cooperative, Inc., 6:1 1-cv-46-LED-JDL; and TransData, Inc. v. Denton County

Electric Cooperative, Inc. d/b/a CoServ Electric, 6:11 -cv- 113- LED-JDL.





COUNT 1—INFRINGEMENT OF U.S. PATENT NO. 6,18L294

10. TransData realleges and incorporates by reference the allegations in paragraphs 1

through 9 of this Co mplaint as though fully set forth herein.

11. United States Patent No. 6,181,294 ("the '294 Patent"), entitled "Antenna for

Electric Meter and Method of Manufacture Thereof," was duly and legally issued on January

30, 2001. The '294 Patent was duly and legally assigned to TransData, and TransData owns and

has full rights to sue and recover damages for infringement of the '294 Patent. A copy of the

'294 Patent is attached hereto as Ex hibit 1.

12. TransData has complied with the requirements of 35 U.S.C. § 287 and marks its

products by identifying the '294 Patent o n its electric meters.

13. The '294 Patent is valid and enforceable.

14. Alabama Power has infringed, and is still infringing, one or more claims of the

'294 Patent by making, using, offering to sell, selling, and/or importing electric meters,

specifically including, without limitation, Sensus iCon electric meters.

15. On inform ation and belief, Alabama Pow er is also making, using, offering to sell,

selling, and/or importing additional wireless electric meters, including without limitation Elster

Alpha A3 electric meters and/or electric meters with SmartSynch, Inc. wireless modules, which

are similar to the Sensus iCon electric meters and which may also infringe one or more claims

of the '294 Patent. Although publicly-available information on these additional meters is very

limited, TransData believes, on information and belief, that discovery will show that they also

infringe one or more claims of the '294 Patent.

16. Alabama Power's infringement of the '294 Patent has injured TransData, and

TransData is entitled to recover damages adequate to compensate it for Alabama Power's

infringement, which in no eve nt can be less than a reasonable royalty.





17.labama Power has caused TransData substantial damage and irreparable injury

by its infringement of the '294 Patent, and TransData will continue to suffer damage and

irreparable injury unless and until the infringement by A labama Pow er is enjoined by this Court.

COUNT 2—INFRINGEMENT OF U.S. PATENT NO. 6,462713

18. TransData realleges and incorporates by referenc e the allegations in paragraphs 1


19. United States Patent No. 6,462,713 ("the '713 Patent"), entitled "Antenna for

Electric Meter and Method of Manufacture Thereof," was duly and legally issued on October 8,

2002. The '713 Patent was duly and legally assigned to TransData, and TransData owns and

has full rights to sue and recover damages for infringement of the '713 Patent. A copy of the

'713 Patent is attached hereto as Ex hibit 2.


products by identifying the '713 Patent on its electric meters.









of the '713 Patent. Although publiclyavailable information on these additional meters is very







24 .labama Power's infringement of the '713 Patent has injured TransData, and


infringement, which in no even t can be less than a reasonable royalty.

25. Alabama Power has caused TransData substantial damage and irreparable injury


irreparable injury unless and until the infringement by A labama Po wer is enjoined by this Court.

COUNT 3—INFRINGEMENT OF U.S. PATENT NO. 6,903,699

26. TransData realleges and incorporates by reference the allegations in paragraphs 1


27. United States Patent No. 6,903,699 ("the '699 Patent"), entitled "Wireless

Communication Device for Electric Meter and Method of Manufacture Thereof," was duly and

legally issued on June 7, 2005. The '699 Patent was duly and legally assigned to TransData,

and TransData owns and has full rights to sue and recover damages for infringement of the '699

Patent. A copy of the '699 Patent is attached hereto as Exhibit 3.


products by identifying the '699 P atent on its electric meters.









of the '699 Patent. Although publicly-available information on these additional meters is very







32. Alabama Power's infringement of the '699 Patent has injured TransData, and


infringement, which in no even t can be less than a reasonable royalty.

33. Alabama Power has caused TransData substantial damage and irreparable injury


irreparable injury unless and until the infringement by A labama Po wer is enjoined by this Court.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff TransData respectfully requests that judgment be entered in

favor of TransData and against Defendant Alabam a Power and further prays that the Court grant

the following relief to TransData:

A. A judgment that Alabama Power has infringed the '294 Patent, the

'713 Patent, and the '699 Patent, and continues to infringe '294 Patent, the '713

Patent, and the '699 Patent;

B. Entry of a permanent injunction pursuant to 35 U.S.C. § 283enjoining Alabama Power, as well as its officers, directors, servants, consultants,

managers, employees, agents, attorneys, successors, assigns, affiliates, subsidiaries,

and all persons in active concert or participation with any of them, from infringement

of the '294 Patent, the '713 Patent, and the '699 Patent, including but not limited to

making, using, offering to sell, selling, or importing any products that infringe or

products that perform the patented processes set forth in the '294 Patent, the '713

Patent, and the '699 Patent;

C. An award of all damages adequate to compensate TransData for

Alabama Power's infringement, such damages to be determined by a jury and, if

necessary, an accounting of all damages;

D. An award of prejudgment and post-judgment interest to TransData

pursuant to 35 U.S.C. § 284 ;





E.declaration that this case is exceptional under 35 U.S.C. § 285 and

an award of the reasonable attorneys' fees, costs, and expenses incurred by

TransData in this action; and

F.

uch other and further relief as this Court may deem just and proper.

JURY DEMAND

TransData hereby demands a trial by jury on all issues and claims so triable.

Done this the8th

day of August, 2011

Respectfully submitted,

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Charles A. Stewart, III (STE067)

Bradley Arant Boult Cummings LLP

401 Adams Avenue, Suite 780

Montgomery, AL 36104

Telephone: (334) 956-7608

Facsimile: (334 ) 956-7808

E-mail: [email protected]

Of C ounsel:

Paul R. Steadman, P.C.

KIRKLAND & ELLIS LLP

300 N . LaS alle Street

Chicago, Illinois 60654(312) 862-2000 Phone

(312) 862-2200 F ax [email protected]

A ttorney s fo r Plaint iff T ransData, Inc.



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Transdata v. Alabama Power Company